Bill Text: FL S1180 | 2024 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Substance Abuse Treatment

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2024-02-29 - Laid on Table, refer to CS/CS/CS/HB 1065 [S1180 Detail]

Download: Florida-2024-S1180-Comm_Sub.html

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       Florida Senate - 2024                      CS for CS for SB 1180
       
       
        
       By the Appropriations Committee on Health and Human Services;
       the Committee on Children, Families, and Elder Affairs; and
       Senator Harrell
       
       
       
       603-03305-24                                          20241180c2
    1                        A bill to be entitled                      
    2         An act relating to substance abuse treatment; amending
    3         s. 212.02, F.S.; eliminating certain tax liabilities
    4         imposed on certified recovery residences; amending s.
    5         397.311, F.S.; providing the levels of care at
    6         certified recovery residences and their respective
    7         levels of care for residents; defining the term
    8         “community housing”; amending s. 397.335, F.S.;
    9         revising the membership of the Statewide Council on
   10         Opioid Abatement to include additional members;
   11         amending s. 397.407, F.S.; authorizing, rather than
   12         requiring, the Department of Children and Families to
   13         issue a license for certain service components
   14         operated by a service provider; deleting the timeframe
   15         in which a licensed service provider must apply for
   16         additional services and requiring the service provider
   17         to obtain approval prior to relocating to a different
   18         service site; removing a requirement that a separate
   19         license is required for each service component
   20         maintained by a service provider; amending s. 397.487,
   21         F.S.; extending the deadline for certified recovery
   22         residences to retain a replacement for a certified
   23         recovery residence administrator who has been removed
   24         from his or her position; requiring certified recovery
   25         residences to remove certain individuals from their
   26         positions if they are arrested and awaiting
   27         disposition for, are found guilty of, or enter a plea
   28         of guilty or nolo contendere to certain offenses,
   29         regardless if adjudication is withheld; requiring the
   30         certified recovery residence to retain a certified
   31         recovery residence administrator if the previous
   32         certified recovery residence administrator has been
   33         removed due to any reason; conforming provisions to
   34         changes made by the act; prohibiting certified
   35         recovery residences, on or after a specified date,
   36         from denying an individual access to housing solely
   37         for being prescribed federally approved medications
   38         from licensed health care professionals; prohibiting
   39         local laws, ordinances, or regulations adopted on or
   40         after a specified date from regulating the duration or
   41         frequency of a resident’s stay in a certified recovery
   42         residence in certain zoning districts; providing
   43         applicability; amending s. 397.4871, F.S.; conforming
   44         provisions to changes made by the act; authorizing
   45         certain Level IV certified recovery residences owned
   46         or controlled by a licensed service provider and
   47         managed by a certified recovery residence
   48         administrator approved for a specified number of
   49         residents to manage a specified greater number of
   50         residents, provided that certain criteria are met;
   51         prohibiting a certified recovery residence
   52         administrator who has been removed by a certified
   53         recovery residence from taking on certain other
   54         management positions without approval from a
   55         credentialing entity; providing an effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Paragraph (k) is added to subsection (10) of
   60  section 212.02, Florida Statutes, to read:
   61         212.02 Definitions.—The following terms and phrases when
   62  used in this chapter have the meanings ascribed to them in this
   63  section, except where the context clearly indicates a different
   64  meaning:
   65         (10) “Lease,” “let,” or “rental” means leasing or renting
   66  of living quarters or sleeping or housekeeping accommodations in
   67  hotels, apartment houses, roominghouses, tourist or trailer
   68  camps and real property, the same being defined as follows:
   69         (k) For purposes of this chapter, recovery residences
   70  certified pursuant to s. 397.487 which rent properties are not
   71  subject to any taxes imposed on transient accommodations,
   72  including taxes imposed under s. 212.03; any locally imposed
   73  discretionary sales surtax or any convention development tax
   74  imposed under s. 212.0305; any tourist development tax imposed
   75  under s. 125.0104; or any tourist impact tax imposed under s.
   76  125.0108.
   77         Section 2. Present subsections (9) through (50) of section
   78  397.311, Florida Statutes, are redesignated as subsections (10)
   79  through (51), respectively, a new subsection (9) is added to
   80  that section, and subsection (5) of that section is amended, to
   81  read:
   82         397.311 Definitions.—As used in this chapter, except part
   83  VIII, the term:
   84         (5) “Certified recovery residence” means a recovery
   85  residence that holds a valid certificate of compliance and is
   86  actively managed by a certified recovery residence
   87  administrator.
   88         (a) A Level I certified recovery residence houses
   89  individuals in recovery who have completed treatment, with a
   90  minimum of 9 months of sobriety. A Level I certified recovery
   91  residence is democratically run by the members who reside in the
   92  home.
   93         (b) A Level II certified recovery residence encompasses the
   94  traditional perspectives of sober living homes. There is
   95  oversight from a house manager who has experience with living in
   96  recovery. Residents are expected to follow rules outlined in a
   97  resident handbook, which is provided by the certified recovery
   98  residence administrator. Residents must pay dues, if applicable,
   99  and work toward achieving realistic and defined milestones
  100  within a chosen recovery path.
  101         (c) A Level III certified recovery residence offers higher
  102  supervision by staff with formal training to ensure resident
  103  accountability. Such residences are staffed 24 hours a day, 7
  104  days a week, and offer residents peer-support services, which
  105  may include, but are not limited to, life skill mentoring,
  106  recovery planning, and meal preparation. No clinical services
  107  are performed at the residence. Such residences are most
  108  appropriate for persons who require a more structured
  109  environment during early recovery from addiction.
  110         (d) A Level IV certified recovery residence is a residence
  111  offered, referred to, or provided by, a licensed service
  112  provider to its patients who are required to reside at the
  113  residence while receiving intensive outpatient and higher levels
  114  of outpatient care. Such residences are staffed 24 hours a day
  115  and combine outpatient licensable services with recovery
  116  residential living. Residents are required to follow a treatment
  117  plan and attend group and individual sessions, in addition to
  118  developing a recovery plan within the social model of living a
  119  sober lifestyle. No clinical services are provided at the
  120  residence, and all licensable services are provided off-site.
  121         (9) “Community housing” means a certified recovery
  122  residence offered, referred to, or provided by a licensed
  123  service provider that provides housing to its patients who are
  124  required to reside at the residence while receiving intensive
  125  outpatient and higher levels of outpatient care. A certified
  126  recovery residence used by a licensed service provider that
  127  meets the definition of community housing shall be classified as
  128  a Level IV level of support, as described in subsection (5).
  129         Section 3. Paragraph (a) of subsection (2) of section
  130  397.335, Florida Statutes, is amended to read:
  131         397.335 Statewide Council on Opioid Abatement.—
  132         (2) MEMBERSHIP.—
  133         (a) Notwithstanding s. 20.052, the council shall be
  134  composed of the following members:
  135         1. The Attorney General, or his or her designee, who shall
  136  serve as chair.
  137         2. The secretary of the department, or his or her designee,
  138  who shall serve as vice chair.
  139         3. One member appointed by the Governor.
  140         4. One member appointed by the President of the Senate.
  141         5. One member appointed by the Speaker of the House of
  142  Representatives.
  143         6. Two members appointed by the Florida League of Cities
  144  who are commissioners or mayors of municipalities. One member
  145  shall be from a municipality with a population of fewer than
  146  50,000 people.
  147         7. Two members appointed by or through the Florida
  148  Association of Counties who are county commissioners or mayors.
  149  One member shall be appointed from a county with a population of
  150  fewer than 200,000, and one member shall be appointed from a
  151  county with a population of more than 200,000.
  152         8. One member who is either a county commissioner or county
  153  mayor appointed by the Florida Association of Counties or who is
  154  a commissioner or mayor of a municipality appointed by the
  155  Florida League of Cities. The Florida Association of Counties
  156  shall appoint such member for the initial term, and future
  157  appointments must alternate between a member appointed by the
  158  Florida League of Cities and a member appointed by the Florida
  159  Association of Counties.
  160         9. Two members appointed by or through the State Surgeon
  161  General. One shall be a staff member from the Department of
  162  Health who has experience coordinating state and local efforts
  163  to abate the opioid epidemic, and one shall be a licensed
  164  physician who is board certified in both addiction medicine and
  165  psychiatry.
  166         10. One member appointed by the Florida Association of
  167  Recovery Residences.
  168         11. One member appointed by the Florida Association of EMS
  169  Medical Directors.
  170         12. One member appointed by the Florida Society of
  171  Addiction Medicine who is a licensed physician board certified
  172  in addiction medicine.
  173         13. One member appointed by the Florida Behavioral Health
  174  Association.
  175         14. One member appointed by Floridians for Recovery.
  176         15. One member appointed by the Florida Certification
  177  Board.
  178         16. One member appointed by the Florida Association of
  179  Managing Entities.
  180         Section 4. Subsections (6) and (10) of section 397.407,
  181  Florida Statutes, are amended to read:
  182         397.407 Licensure process; fees.—
  183         (6) The department may issue probationary, regular, and
  184  interim licenses. The department may shall issue one license for
  185  all each service components component that is operated by a
  186  service provider and defined pursuant to s. 397.311(26). The
  187  license is valid only for the specific service components listed
  188  for each specific location identified on the license. The
  189  licensed service provider shall apply for a new license at least
  190  60 days before the addition of any service components and obtain
  191  approval prior to initiating additional services. The licensed
  192  service provider must notify the department and provide any
  193  required documentation at least or 30 days before the relocation
  194  of any of its service sites. Provision of service components or
  195  delivery of services at a location not identified on the license
  196  may be considered an unlicensed operation that authorizes the
  197  department to seek an injunction against operation as provided
  198  in s. 397.401, in addition to other sanctions authorized by s.
  199  397.415. Probationary and regular licenses may be issued only
  200  after all required information has been submitted. A license may
  201  not be transferred. As used in this subsection, the term
  202  “transfer” includes, but is not limited to, the transfer of a
  203  majority of the ownership interest in the licensed entity or
  204  transfer of responsibilities under the license to another entity
  205  by contractual arrangement.
  206         (10) A separate license is required for each service
  207  component maintained by the service provider.
  208         Section 5. Present paragraphs (c), (d), and (e) of
  209  subsection (8) of section 397.487, Florida Statutes, are
  210  redesignated as paragraphs (d), (e), and (f), respectively, a
  211  new paragraph (c) is added to that subsection, subsections (13)
  212  and (14) are added to that section, and paragraph (b) and
  213  present paragraphs (c), (d), and (e) of subsection (8) of that
  214  section are amended, to read:
  215         397.487 Voluntary certification of recovery residences.—
  216         (8) Onsite followup monitoring of a certified recovery
  217  residence may be conducted by the credentialing entity to
  218  determine continuing compliance with certification requirements.
  219  The credentialing entity shall inspect each certified recovery
  220  residence at least annually to ensure compliance.
  221         (b) A certified recovery residence must notify the
  222  credentialing entity within 3 business days after the removal of
  223  the recovery residence’s certified recovery residence
  224  administrator due to termination, resignation, or any other
  225  reason. The certified recovery residence has 90 30 days to
  226  retain a certified recovery residence administrator. The
  227  credentialing entity shall revoke the certificate of compliance
  228  of any certified recovery residence that fails to comply with
  229  this paragraph.
  230         (c) If a certified recovery residence’s administrator has
  231  been removed due to termination, resignation, or any other
  232  reason and had been previously approved to actively manage more
  233  than 50 residents pursuant to s. 397.4871(8)(b), the certified
  234  recovery residence has 90 days to retain another certified
  235  recovery residence administrator pursuant to that section. The
  236  credentialing entity shall revoke the certificate of compliance
  237  of any certified recovery residence that fails to comply with
  238  this paragraph.
  239         (d)(c) If any owner, director, or chief financial officer
  240  of a certified recovery residence is arrested and awaiting
  241  disposition for or found guilty of, or enters a plea of guilty
  242  or nolo contendere to, regardless of whether adjudication is
  243  withheld, any offense listed in s. 435.04(2) while acting in
  244  that capacity, the certified recovery residence must shall
  245  immediately remove the person from that position and shall
  246  notify the credentialing entity within 3 business days after
  247  such removal. The credentialing entity may shall revoke the
  248  certificate of compliance of a certified recovery residence that
  249  fails to meet these requirements.
  250         (e)(d) A credentialing entity shall revoke a certified
  251  recovery residence’s certificate of compliance if the certified
  252  recovery residence provides false or misleading information to
  253  the credentialing entity at any time.
  254         (f)(e) Any decision by a department-recognized
  255  credentialing entity to deny, revoke, or suspend a
  256  certification, or otherwise impose sanctions on a certified
  257  recovery residence, is reviewable by the department. Upon
  258  receiving an adverse determination, the certified recovery
  259  residence may request an administrative hearing pursuant to ss.
  260  120.569 and 120.57(1) within 30 days after completing any
  261  appeals process offered by the credentialing entity or the
  262  department, as applicable.
  263         (13) On or after January 1, 2025, a recovery residence may
  264  not deny an individual access to housing solely on the basis
  265  that he or she has been prescribed federally approved medication
  266  that assists with treatment for substance use disorders by a
  267  licensed physician, a physician’s assistant, or an advanced
  268  practice registered nurse registered under s. 464.0123.
  269         (14) A local law, ordinance, or regulation may not regulate
  270  the duration or frequency of a resident’s stay in a certified
  271  recovery residence located within a multifamily zoning district.
  272  This subsection does not apply to any local law, ordinance, or
  273  regulation adopted on or before February 1, 2025.
  274         Section 6. Paragraphs (b) and (c) of subsection (6) of
  275  section 397.4871, Florida Statutes, are amended, and paragraph
  276  (c) is added to subsection (8) of that section, to read:
  277         397.4871 Recovery residence administrator certification.—
  278         (6) The credentialing entity shall issue a certificate of
  279  compliance upon approval of a person’s application. The
  280  certification shall automatically terminate 1 year after
  281  issuance if not renewed.
  282         (b) If a certified recovery residence administrator of a
  283  recovery residence is arrested and awaiting disposition for or
  284  found guilty of, or enters a plea of guilty or nolo contendere
  285  to, regardless of whether adjudication is withheld, any offense
  286  listed in s. 435.04(2) while acting in that capacity, the
  287  certified recovery residence must shall immediately remove the
  288  person from that position and shall notify the credentialing
  289  entity within 3 business days after such removal. The certified
  290  recovery residence shall have 30 days to retain a certified
  291  recovery residence administrator within 90 days after such
  292  removal. The credentialing entity shall revoke the certificate
  293  of compliance of any recovery residence that fails to meet these
  294  requirements.
  295         (c) A credentialing entity shall revoke a certified
  296  recovery residence administrator’s certificate of compliance if
  297  the recovery residence administrator provides false or
  298  misleading information to the credentialing entity at any time.
  299         (8)
  300         (c) Notwithstanding paragraph (b), a Level IV certified
  301  recovery residence operating as community housing as defined in
  302  s. 397.311(9), which residence is actively managed by a
  303  certified recovery residence administrator approved for 100
  304  residents under this section and is wholly owned or controlled
  305  by a licensed service provider, may actively manage up to 150
  306  residents so long as the licensed service provider maintains a
  307  service provider personnel-to-patient ratio of 1 to 8 and
  308  maintains onsite supervision at the residence 24 hours a day, 7
  309  days a week, with a personnel-to-resident ratio of 1 to 10. A
  310  certified recovery residence administrator who has been removed
  311  by a certified recovery residence due to termination,
  312  resignation, or any other reason may not continue to actively
  313  manage more than 50 residents for another service provider or
  314  certified recovery residence without being approved by the
  315  credentialing entity.
  316         Section 7. This act shall take effect July 1, 2024.